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NCJ Number:

163099

Title:

United States v. Lopez; Reevaluating Congressional Authority Under the Commerce Clause

The U.S. Supreme Court decision in United States v. Lopez, which involved a high school student who brought a concealed handgun onto school grounds in violation of both Federal and State laws, represents an important change in the interpretation of the Constitution's commerce clause.

Abstract:

State law charges were dismissed when Federal agents charged the defendant with violating the Gun-free School Zones Act. The Court decision demanded that the activity regulated by Congress have a substantial effect on interstate commerce. Although this test is not new, its reemergence and the main test is noteworthy. Congress has long been accustomed to the expansion of its powers and must now learn to limit its lawmaking in accordance with stricter constitutional limits. The decision also reflects a respect for federalism by allowing the states to solve problems of a local character. The Court needs to issue further pronouncements regarding the issue of substantial effects, because lower courts have attempted to narrow the holding of Lopez. Footnotes

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